Florida Statute 760.11 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLIV
CIVIL RIGHTS

Chapter 760
DISCRIMINATION IN THE TREATMENT OF PERSONS; MINORITY REPRESENTATION

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F.S. 760.11

760.11 Administrative and civil remedies; construction.—

(1) Any person aggrieved by a violation of ss. 760.01-760.10 may file a complaint with the commission within 365 days of the alleged violation, naming the employer, employment agency, labor organization, or joint labor-management committee, or, in the case of an alleged violation of s. 760.10(5), the person responsible for the violation and describing the violation. Any person aggrieved by a violation of s. 509.092 may file a complaint with the commission within 365 days of the alleged violation naming the person responsible for the violation and describing the violation. The commission, a commissioner, or the Attorney General may in like manner file such a complaint. On the same day the complaint is filed with the commission, the commission shall clearly stamp on the face of the complaint the date the complaint was filed with the commission. In lieu of filing the complaint with the commission, a complaint under this section may be filed with the federal Equal Employment Opportunity Commission or with any unit of government of the state which is a fair-employment-practice agency under 29 C.F.R. ss. 1601.70-1601.80. If the date the complaint is filed is clearly stamped on the face of the complaint, that date is the date of filing. The date the complaint is filed with the commission for purposes of this section is the earliest date of filing with the Equal Employment Opportunity Commission, the fair-employment-practice agency, or the commission. The complaint shall contain a short and plain statement of the facts describing the violation and the relief sought. The commission may require additional information to be in the complaint. The commission, within 5 days of the complaint being filed, shall by registered mail send a copy of the complaint to the person who allegedly committed the violation. The person who allegedly committed the violation may file an answer to the complaint within 25 days of the date the complaint was filed with the commission. Any answer filed shall be mailed to the aggrieved person by the person filing the answer. Both the complaint and the answer shall be verified.

(2) If any other agency of the state or of any other unit of government of the state has jurisdiction of the subject matter of any complaint filed with the commission and has legal authority to investigate the complaint, the commission may refer such complaint to such agency for an investigation. Referral of such a complaint by the commission does not constitute agency action within the meaning of s. 120.52. If the commission refers a complaint to another agency under this subsection, the commission shall accord substantial weight to any findings and conclusions of any such agency. The referral of a complaint by the commission to a local agency does not divest the commission’s jurisdiction over the complaint.

(3) Except as provided in subsection (2), the commission shall investigate the allegations in the complaint. Within 180 days of the filing of the complaint, the commission shall determine if there is reasonable cause to believe that discriminatory practice has occurred in violation of the Florida Civil Rights Act of 1992. When the commission determines whether or not there is reasonable cause, the commission by registered mail shall promptly notify the aggrieved person and the respondent of the reasonable cause determination, the date of such determination, and the options available under this section.

(4) If the commission determines that there is reasonable cause to believe that a discriminatory practice has occurred in violation of the Florida Civil Rights Act of 1992, the aggrieved person may either:

(a) Bring a civil action against the person named in the complaint in any court of competent jurisdiction; or

(b) Request an administrative hearing under ss. 120.569 and 120.57.

The election by the aggrieved person of filing a civil action or requesting an administrative hearing under this subsection is the exclusive procedure available to the aggrieved person under this act.

(5) In any civil action brought under this section, the court may issue an order prohibiting the discriminatory practice and providing affirmative relief from the effects of the practice, including back pay. The court may also award compensatory damages, including, but not limited to, damages for mental anguish, loss of dignity, and any other intangible injuries, and punitive damages. The provisions of ss. 768.72 and 768.73 do not apply to this section. The judgment for the total amount of punitive damages awarded under this section to an aggrieved person shall not exceed $100,000. In any action or proceeding under this subsection, the court, in its discretion, may allow the prevailing party a reasonable attorney’s fee as part of the costs. It is the intent of the Legislature that this provision for attorney’s fees be interpreted in a manner consistent with federal case law involving a Title VII action. The right to trial by jury is preserved in any such private right of action in which the aggrieved person is seeking compensatory or punitive damages, and any party may demand a trial by jury. The commission’s determination of reasonable cause is not admissible into evidence in any civil proceeding, including any hearing or trial, except to establish for the court the right to maintain the private right of action. A civil action brought under this section shall be commenced no later than 1 year after the date of determination of reasonable cause by the commission. The commencement of such action shall divest the commission of jurisdiction of the complaint, except that the commission may intervene in the civil action as a matter of right. Notwithstanding the above, the state and its agencies and subdivisions shall not be liable for punitive damages. The total amount of recovery against the state and its agencies and subdivisions shall not exceed the limitation as set forth in s. 768.28(5).

(6) Any administrative hearing brought pursuant to paragraph (4)(b) shall be conducted under ss. 120.569 and 120.57. The commission may hear the case provided that the final order is issued by members of the commission who did not conduct the hearing or the commission may request that it be heard by an administrative law judge pursuant to s. 120.569(2)(a). If the commission elects to hear the case, it may be heard by a commissioner. If the commissioner, after the hearing, finds that a violation of the Florida Civil Rights Act of 1992 has occurred, the commissioner shall issue an appropriate proposed order in accordance with chapter 120 prohibiting the practice and providing affirmative relief from the effects of the practice, including back pay. If the administrative law judge, after the hearing, finds that a violation of the Florida Civil Rights Act of 1992 has occurred, the administrative law judge shall issue an appropriate recommended order in accordance with chapter 120 prohibiting the practice and providing affirmative relief from the effects of the practice, including back pay. Within 90 days of the date the recommended or proposed order is rendered, the commission shall issue a final order by adopting, rejecting, or modifying the recommended order as provided under ss. 120.569 and 120.57. The 90-day period may be extended with the consent of all the parties. An administrative hearing pursuant to paragraph (4)(b) must be requested no later than 35 days after the date of determination of reasonable cause by the commission. In any action or proceeding under this subsection, the commission, in its discretion, may allow the prevailing party a reasonable attorney’s fee as part of the costs. It is the intent of the Legislature that this provision for attorney’s fees be interpreted in a manner consistent with federal case law involving a Title VII action.

(7) If the commission determines that there is not reasonable cause to believe that a violation of the Florida Civil Rights Act of 1992 has occurred, the commission shall dismiss the complaint. The aggrieved person may request an administrative hearing under ss. 120.569 and 120.57, but any such request must be made within 35 days of the date of determination of reasonable cause and any such hearing shall be heard by an administrative law judge and not by the commission or a commissioner. If the aggrieved person does not request an administrative hearing within the 35 days, the claim will be barred. If the administrative law judge finds that a violation of the Florida Civil Rights Act of 1992 has occurred, he or she shall issue an appropriate recommended order to the commission prohibiting the practice and recommending affirmative relief from the effects of the practice, including back pay. Within 90 days of the date the recommended order is rendered, the commission shall issue a final order by adopting, rejecting, or modifying the recommended order as provided under ss. 120.569 and 120.57. The 90-day period may be extended with the consent of all the parties. In any action or proceeding under this subsection, the commission, in its discretion, may allow the prevailing party a reasonable attorney’s fee as part of the costs. It is the intent of the Legislature that this provision for attorney’s fees be interpreted in a manner consistent with federal case law involving a Title VII action. In the event the final order issued by the commission determines that a violation of the Florida Civil Rights Act of 1992 has occurred, the aggrieved person may bring, within 1 year of the date of the final order, a civil action under subsection (5) as if there has been a reasonable cause determination or accept the affirmative relief offered by the commission, but not both.

(8) If the commission fails to conciliate or determine whether there is reasonable cause on any complaint under this section within 180 days after the filing of the complaint:

(a) An aggrieved person may proceed under subsection (4) as if the commission determined that there was reasonable cause.

(b) The commission shall promptly notify the aggrieved person of the failure to conciliate or determine whether there is reasonable cause. The notice shall provide the options available to the aggrieved person under subsection (4) and inform the aggrieved person that he or she must file a civil action within 1 year after the date the commission certifies that the notice was mailed.

(c) A civil action brought by an aggrieved person under this section must be commenced within 1 year after the date the commission certifies that the notice was mailed pursuant to paragraph (b).

(9) No liability for back pay shall accrue from a date more than 2 years prior to the filing of a complaint with the commission.

(10) A judgment for the amount of damages and costs assessed pursuant to a final order by the commission may be entered in any court having jurisdiction thereof and may be enforced as any other judgment.

(11) If a complaint is within the jurisdiction of the commission, the commission shall simultaneously with its other statutory obligations attempt to eliminate or correct the alleged discrimination by informal methods of conference, conciliation, and persuasion. Nothing said or done in the course of such informal endeavors may be made public or used as evidence in a subsequent civil proceeding, trial, or hearing. The commission may initiate dispute resolution procedures, including voluntary arbitration, by special magistrates or mediators. The commission may adopt rules as to the qualifications of persons who may serve as special magistrates and mediators.

(12) All complaints filed with the commission and all records and documents in the custody of the commission, which relate to and identify a particular person, including, but not limited to, a complainant, employer, employment agency, labor organization, or joint labor-management committee shall be confidential and shall not be disclosed by the commission, except to the parties or in the course of a hearing or proceeding under this section. The restriction of this subsection shall not apply to any record or document which is part of the record of any hearing or court proceeding.

(13) Final orders of the commission are subject to judicial review pursuant to s. 120.68. The commission’s determination of reasonable cause is not final agency action that is subject to judicial review. Unless specifically ordered by the court, the commencement of an appeal does not suspend or stay the order of the commission, except as provided in the Rules of Appellate Procedure. In any action or proceeding under this subsection, the court, in its discretion, may allow the prevailing party a reasonable attorney’s fee as part of the cost. It is the intent of the Legislature that this provision for attorney’s fees be interpreted in a manner consistent with federal case law involving a Title VII action. In the event the order of the court determines that a violation of the Florida Civil Rights Act of 1992 has occurred, the court shall remand the matter to the commission for appropriate relief. The aggrieved party has the option to accept the relief offered by the commission or may bring, within 1 year of the date of the court order, a civil action under subsection (5) as if there has been a reasonable cause determination.

(14) The commission may adopt, promulgate, amend, and rescind rules to effectuate the purposes and policies of this section and to govern the proceedings of the commission under this section.

(15) In any civil action or administrative proceeding brought pursuant to this section, a finding that a person employed by the state or any governmental entity or agency has violated s. 760.10 shall as a matter of law constitute just or substantial cause for such person’s discharge.

History.—s. 8, ch. 92-177; s. 3, ch. 92-282; s. 1, ch. 94-91; s. 417, ch. 96-406; s. 302, ch. 96-410; s. 1, ch. 2001-187; s. 97, ch. 2004-11; s. 7, ch. 2015-68; s. 3, ch. 2020-153.

F.S. 760.11 on Google Scholar

F.S. 760.11 on Casetext

Amendments to 760.11

Arrestable Offenses / Crimes under Fla. Stat. 760.11

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 760.11.

Annotations, Discussions, Cases:

Cases Citing Statute 760.11

Total Results: 20

WILFRED W. RAMOS, JR. v. STEAK N SHAKE, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2023-12-20T00:00:00-08:00

Snippet: filed his opposition, arguing that under section 760.11(1), he could file a complaint with the EEOC in …3d DCA 2012); see § 760.10. And "[s]ection 760.11 establishes administrative and civil remedies for…, 315 (Fla. 2d DCA 2004). Specifically, section 760.11(1) provides that "[a]ny person aggrieved by…charges."). The statute confirms as much. See § 760.11(1) ("In lieu of filing the complaint with …has occurred in violation of the [FCRA]." § 760.11(3). Thereafter, a finding issued by the Commission

PAULA GRACE WILLIS v. ACCENTURE, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2023-03-15T00:53:00-07:00

Snippet: Florida Commission on Human Relations (FCHR). See § 760.11(3), Fla. Stat. (“Within 180 days of the filing…occurred.”). As retroactive application of section 760.11, Florida Statutes (2020), is not supported by the

AISY ALEU, PHARM. D. v. NOVA SOUTHEASTERN UNIVERSITY, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2023-02-14T23:53:00-08:00

Snippet: section 760.11(8) applied. And proceeding under section 760.11(4) and, in turn, section 760.11(5), the…scenario provided in section 760.11(8) applies to this case. See § 760.11(8), Fla. Stat. (2015) (“In the…). And proceeding under section 760.11(4) and, in turn, section 760.11(5), the employee had to commence…calculated by adding section 760.11(3)’s 180-day investigation period to section 760.11(5)’s one-year limitation… day of section 760.11(3)’s 180-day period also marked the beginning of section 760.11(5)’s one-year limitation

ANDRE WHITE v. AUTOZONE INVESTMENT CORPORATION, D/B/A AUTOZONE AUTO PARTS

Court: Fla. Dist. Ct. App. | Date Filed: 2022-09-07T00:53:00-07:00

Snippet: 28(10) to the administrative scheme of section 760.11(4), Florida Statutes, which provides that if the… 8 Section 760.11(4), however, is not analogous because section 11A…that a discriminatory practice has occurred.” § 760.11(4), Fla. Stat. There is no prerequisite for an

ANDRE WHITE v. AUTOZONE INVESTMENT CORPORATION, D/B/A AUTOZONE AUTO PARTS

Court: Fla. Dist. Ct. App. | Date Filed: 2022-06-15T00:53:00-07:00

Snippet: 28(10) to the administrative scheme of section 760.11(4), Florida Statutes, which provides that if the…hearing under ss. 120.569 and 120.57.” Section 760.11(4), however, is not analogous because section 11A…that a discriminatory practice has occurred.” § 760.11(4), Fla. Stat. There is no prerequisite for an

O C FOOD & BEVERAGE, LLC D/B/A RACHEL'S AND WEST PALM BEACH FOOD AND BEVERAGE, LLC D/B/A RACHEL'S ADULT ENTERTAINMENT AND STEAKHOUSE vs ORANGE COUNTY, FLORIDA, ANITA YANES AND BRITTNEY SMITH

Court: Fla. Dist. Ct. App. | Date Filed: 2022-05-06T00:00:00-07:00

Snippet: FILING A LAWSUIT SET FORTH IN SECTION 760.11, FLORIDA STATUTES, APPLICABLE TO ALL

VITAL PHARMACEUTICALS, INC. v. CHERYL OHEL

Court: Fla. Dist. Ct. App. | Date Filed: 2020-10-14T00:53:00-07:00

Snippet: aggrieved person shall not exceed $100,000. § 760.11(5), Fla. Stat. (2019) (emphasis supplied). … 5 not apply under section 760.11(5) of the FCRA. Kraft, however, did not address…discovery related to a punitive damage claim. Section 760.11(5) of the FCRA allows for the pleading of a punitive…scope of financial worth discovery. Section 760.11(5), Florida Statutes (2019) creates a statutory

Capital Health Plan v. Timothy Moore

Court: Fla. Dist. Ct. App. | Date Filed: 2019-10-23T00:53:00-07:00

Snippet: 97 So. 3d 907, 909 (Fla. 1st DCA 2012). Section 760.11(5), Florida Statutes, allows prevailing parties

Buade v. Terra Group

Court: Fla. Dist. Ct. App. | Date Filed: 2018-11-06T23:53:00-08:00

Snippet: requirement regarding retaliation claims. See § 760.11, Fla. Stat. (2011); Sheridan v. State, Dep’t of

In Re: Standard Jury Instructions in Civil Cases—report No. 16-01

Court: Fla. | Date Filed: 2017-04-06T00:00:00-07:00

Citation: 214 So. 3d 552

Snippet: Florida Civil Rights Act (FCRA), sections 760.01-760.11, Florida Statutes (2016): 417.1 (Introduction);…handicap, or marital status. F.S. 760.01-760.11. 417.1 INTRODUCTION Members of the jury… practice, including back pay.” F.S. 760.11(5). Under Florida law, back pay is a legal remedy…dignity, and other intangible injuries....” F.S. 760.11(5). Ex-ampies of “other intangible injuries” for…damages not to exceed $100,000. F.S. 760.11(5). Pending further development of the law, the

Beltway Capital, LLC v. Nigel Lucombe

Court: Fla. Dist. Ct. App. | Date Filed: 2017-02-17T00:00:00-08:00

Citation: 211 So. 3d 328, 2017 WL 651112, 2017 Fla. App. LEXIS 2235

Snippet: to the verification of a complaint under section 760.11(1), Florida Statutes (2001), could be waived by

Housing Opportunities Project for Excellence, Inc. v. Spv Realty, Lc

Court: Fla. Dist. Ct. App. | Date Filed: 2016-12-21T00:00:00-08:00

Citation: 212 So. 3d 419, 2016 Fla. App. LEXIS 18680

Snippet: violating his civil rights under sections 760.01-760.11 of the Florida Civil Rights Act, and for discrimination… Florida Civil Rights Act counterpart, section 760.11); see also Hankey v. Yarian, 755 So. 2d 93, 96 …Enforcement” provision, section 760.34, is section 760.11 of the Florida Civil Rights Act, titled “Administrative…Administrative and civil remedies.” Section 760.11 states in relevant part that “[a]ny person aggrieved …760.10 may file a complaint with the commission.” § 760.11 (emphasis added). In almost identical language,

Hochbaum Ex Rel. Hochbaum v. Palm Garden of Winter Haven, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2016-10-05T00:00:00-07:00

Citation: 201 So. 3d 218, 2016 Fla. App. LEXIS 14827

Snippet: 2000e-5(k), and the Florida Civil Rights Act, § 760.11(5), Fla. Stat. (2000)). This court held that the

City of Delray Beach v. DeSisto

Court: Fla. Dist. Ct. App. | Date Filed: 2016-07-20T00:00:00-07:00

Citation: 197 So. 3d 1206, 2016 Fla. App. LEXIS 11109, 2016 WL 3911373

Snippet: limitations set forth iri section 768.28(5). § 760.11(5), Fla. Stat. (2012). Section 768.28(5) grants… the state, counties, or municipalities ....” § 760.11(5), Fla. Stat. (2010). Accordingly, the court properly

Kim Cimino, Personal representative of the Estate of Michael Cimino, and Kim Cimino ex rel. Kim and Michael Cimino's Son v. American Airlines, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2016-01-20T00:00:00-08:00

Citation: 183 So. 3d 1242, 2016 Fla. App. LEXIS 720

Snippet: within 365 days of .the alleged violation .,” § 760.11(1). An “ ‘[a]g-grieved person’ means any person…individual” as well as a “legal representative.” §§ 760.11(1), 760.02(6), (10), Fla. Stat. The use of the

Sandra Sheridan v. State of Florida, Department of Health

Court: Fla. Dist. Ct. App. | Date Filed: 2016-01-05T00:00:00-08:00

Citation: 182 So. 3d 787

Snippet: administrative remedies provided by the FCRA. § 760.11(1), (4); Woodham, 829 So.2d at 894. …date of filing with the EEOC or the Commission. § 760.11(1). Once this filing occurs, the Commission…that a- discriminatory practice has occurred; § 760.11(3). The FCRA. contemplates three possible scenarios…sections 120.569 and 120.57, Florida Statutes. § 760.11(4). (2) If the Commission determines that …cause” exists, it must, dismiss the complaint. § 760.11(7). At that point, the claimant may request an

Barbara Rustowicz v. North Broward Hospital District n/k/a Broward Health

Court: Fla. Dist. Ct. App. | Date Filed: 2015-07-01T00:00:00-07:00

Citation: 174 So. 3d 414, 40 Fla. L. Weekly 1524, 40 I.E.R. Cas. (BNA) 535, 2015 Fla. App. LEXIS 9971

Snippet: section 112.3187. 2 . Sections 760.01-760.11 and 509.092, Florida Statutes (2013), are formally

Williams v. Department of Corrections

Court: Fla. Dist. Ct. App. | Date Filed: 2015-01-23T00:00:00-08:00

Citation: 156 So. 3d 563, 2015 Fla. App. LEXIS 809, 2015 WL 276583

Snippet: first timely exhaust his administrative remedies. § 760.11, Fla. Stat (2011). For example, an employee must…. v. Mitzel, 83 So.3d 865 (Fla. 3d DCA 2012); § 760.11, Fla. Stat. (2011). The allegations in his complaint

Marchman v. St. Anthony's Hospital, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2014-12-12T00:00:00-08:00

Citation: 152 So. 3d 830, 2014 Fla. App. LEXIS 20188, 2014 WL 7009720

Snippet: 829 So.2d 891, 895 (Fla.2002); cf. § 760.11 (“It is the intent of the Legislature that this

Crane v. Lifemark Hosp. of Fla., Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2014-10-15T00:00:00-07:00

Citation: 149 So. 3d 718, 2014 Fla. App. LEXIS 16840, 2014 WL 5151621

Snippet: this section has a right of action pursuant to s. 760.11. The Act, however, goes on to define public… 760.01(1), Fla. Stat. (2011) (“Sections 760.01-760.11 and 509.092 shall be cited as the 'Florida…Florida Civil Rights Act of 1992’ means ss. 760.01-760.11 and 509.092”). 2 . Because we rely